If you are separated or divorced from your child’s other parent, it is likely you will want to file your federal income taxes as head of household. This filing status has many benefits for parents. But if you are divorced, only one of you can claim this filing status....
Divorce
I bought a home before marrying. What happens to it if I divorce?
In love and anticipating marriage, you put a down payment on a home with your own money and took out a mortgage because you intended to eventually live with your fiancé. It seemed like a good idea at the time. Now, though, you are not so sure. You have heard that if...
More information on separate and community property
Readers of this legal blog know that we discuss property division regularly. In a recent blog post, we discussed how property is treated in the property division process. In this post, we will expand on the differences between separate and community property in...
To prenup or not to prenup?
When two people get engaged to be married, probably the last thing they want to contemplate is divorce. A prenup (or prenuptial agreement) is a legal contract entered into prior to marriage that does exactly that. It contemplates divorce, and spells out how the...
How long do I need to wait to file for divorce in California?
Once the decision to divorce is made you and your spouse may be eager to simply get the process over with. Still, things do not always move as quickly as you would like. California has residency requirements that must be met before you or your spouse can file for...
Choosing between a divorce and legal separation in California
When a California couple sees that their marriage is failing, they necessarily view the upcoming divorce process with much misgiving. However, California law offers an alternative that may work for some couples: legal separation. Divorce v. legal separation: the...
How is property treated during a California divorce?
While the primary concern of most divorcing couples is their kids, divorce involves many other issues, including property division. Property division is the process where the family law judge splits the marital property and debts. What is property? In this context,...
How can preparing for divorce help avoid it?
For anyone that watches reality TV or reads celebrity headlines, you have likely heard of pre- and post-nuptial agreements. Though, you may have a negative view of them as they are rarely shown in a positive light. As a result, you may not even know what pre- and...
What if I cannot wait to divorce an abusive spouse?
Like other states, California has what is called a residency requirement for people who want a divorce. In order to obtain a divorce in California, one or both of the spouses must have lived in the state for at least six months. They also must have lived in Riverside...
Do I need to pay debts my ex accrued after the separation?
In California divorces, people are often at odds over property division. A common point of contention is debt accrued after the separation. In some divorces, this happened as an intentional attempt to make life difficult for the other person. In others, it was...